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- FRACTAL DESIGN CORPORATION
- ELECTRONIC END USER LICENSE AGREEMENT
- FOR FRACTAL DESIGN DETAILER DEMO
-
- NOTICE TO USER:
- THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT
- ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
-
- This Fractal Design Corporation ("Fractal") End User License Agreement accompanies
- the Fractal Design Detailer Demo product and related explanatory materials
- ("Software"). The term "Software" also shall include any upgrades, modified
- versions or updates of the Software licensed to you by Fractal. Please read this
- Agreement carefully. At the end, you will be asked to accept this agreement and
- continue to install or, if you do not wish to accept this Agreement, to decline
- this agreement, in which case you will not be able to use the Software.
-
- Upon your acceptance of this Agreement, Fractal grants to you a nonexclusive license
- to use the Software, provided that you agree to the following:
-
- 1. Use of the Software. You may install the Software on a hard disk or other
- storage device; install and use the Software on a file server for use on a network
- for the purposes of (i) permanent installation onto hard disks or other storage
- devices or (ii) use of the Software over such network; and make backup copies of
- the Software.
-
- 2. Copyright and Trademark Rights. The Software is owned by Fractal and its
- suppliers, and its structure, organization and code are the valuable trade secrets
- of Fractal and its suppliers. The Software also is protected by United States
- Copyright Law and International Treaty provisions. You may use trademarks only
- insofar as required to comply with Section 1 of this Agreement and to identify
- printed output produced by the Software, in accordance with accepted trademark
- practice, including identification of trademark owner's name. Such use of any
- trademark does not give you any rights of ownership in that trademark. Except
- as stated above, this Agreement does not grant you any intellectual property rights
- in the Software.
-
- 3. Restrictions. You agree not to modify, adapt, translate, reverse engineer,
- decompile, disassemble or otherwise attempt to discover the source code of the
- Software. Although you may customize the installer for the Software to install
- additional files (such as plug-in and help files), you may not alter or modify in
- any way the installer program or create a new installer for the Software. The
- Software is licensed and distributed by Fractal for evaluation purposes only.
- Any plug-in or enhancement that permits you to save modifications to a Detailer
- file may not be used with the Software.
-
- 4. No Warranty. The Software is being delivered to you AS IS and Fractal makes no
- warranty as to its use or performance. FRACTAL AND ITS SUPPLIERS DO NOT AND
- CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY
- USING THE SOFTWARE OR DOCUMENTATION. FRACTAL AND ITS SUPPLIERS
- MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT
- OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY
- PARTICULAR PURPOSE. IN NO EVENT WILL FRACTAL OR ITS SUPPLIERS BE
- LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL
- DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A
- FRACTAL REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
- SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or
- jurisdictions do not allow the exclusion or limitation of incidental, consequential or
- special damages, or the exclusion of implied warranties or limitations on how long an
- implied warranty may last, so the above limitations may not apply to you.
-
- 5. Governing Law and General Provisions. This Agreement will be governed by the laws
- of the State of California, U.S.A., excluding the application of its conflicts of law rules.
- This Agreement will not be governed by the United Nations Convention on Contracts for
- the International Sale of Goods, the application of which is expressly excluded. If any
- part of this Agreement is found void and unenforceable, it will not affect the validity of
- the balance of the Agreement, which shall remain valid and enforceable according to its
- terms. You agree that the Software will not be shipped, transferred or exported into any
- country or used in any manner prohibited by the United States Export Administration Act
- or any other export laws, restrictions or regulations. This Agreement shall automatically
- terminate upon failure by you to comply with its terms. This Agreement may only be
- modified in writing signed by an authorized officer of Fractal.
-
- Unpublished-rights reserved under the copyright laws of the United States.
- Fractal Design Corporation, 5550 Scotts Valley Drive, Scotts Valley, CA 95066.
-
- Fractal Design Detailer is a trademark of Fractal Design Corporation which may be
- registered in certain jurisdictions. Fractal Design Detailer is covered by U.S. Patent
- 5347620. Patent Pending.
-
- YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT WAS INDICATED DURING INSTALLATION.
-
-